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90_HB2547
35 ILCS 5/204 from Ch. 120, par. 2-204
Amends the Illinois Income Tax Act. Grants taxpayers,
beginning with taxable years beginning on or after January 1,
1998, an additional basic amount standard exemption of $500.
Provides that for individual taxpayers, beginning with
taxable years beginning on or after January 1, 1998, the
additional exemption for each dependent in excess of one
allowable shall be $1,500 (now $1000). Provides that the
additional exemptions are exempt from the sunset provisions.
Effective immediately.
LRB9008576KDcdA
LRB9008576KDcdA
1 AN ACT to amend the Illinois Income Tax Act by changing
2 Section 204.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Income Tax Act is amended by
6 changing Section 204 as follows:
7 (35 ILCS 5/204) (from Ch. 120, par. 2-204)
8 Sec. 204. Standard Exemption.
9 (a) Allowance of exemption. In computing net income
10 under this Act, there shall be allowed as an exemption the
11 sum of the amounts determined under subsections (b), (c) and
12 (d), multiplied by a fraction the numerator of which is the
13 amount of the taxpayer's base income allocable to this State
14 for the taxable year and the denominator of which is the
15 taxpayer's total base income for the taxable year.
16 (b) Basic amount. For the purpose of subsection (a) of
17 this Section, except as provided by subsection (a) of Section
18 205 and in this subsection, each taxpayer shall be allowed a
19 basic amount of $1000. Beginning with taxable years beginning
20 on or after January 1, 1998, for the purpose of subsection
21 (a) of this Section, except as provided by subsection (a) of
22 Section 205 and in this subsection, each taxpayer shall be
23 allowed an additional basic amount of $500. The changes made
24 by this amendatory Act of 1998 are exempt from the provisions
25 of Section 250. For taxable years ending on or after December
26 31, 1992, a taxpayer whose Illinois base income exceeds
27 $1,000 and who is claimed as a dependent on another person's
28 tax return under the Internal Revenue Code of 1986 shall not
29 be allowed any basic amount under this subsection.
30 (c) Additional amount for individuals. For taxable years
31 beginning before January 1, 1998, in the case of an
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1 individual taxpayer, there shall be allowed for the purpose
2 of subsection (a), in addition to the basic amount provided
3 by subsection (b), an additional exemption in the amount of
4 $1000 for each exemption in excess of one allowable to such
5 individual taxpayer for the taxable year under Section 151 of
6 the Internal Revenue Code. Beginning with taxable years
7 beginning on or after January 1, 1998, in the case of an
8 individual taxpayer there shall be allowed for the purpose of
9 subsection (a), in addition to the basic amount provided by
10 subsection (b), an additional exemption in the amount of
11 $1,500 for each exemption in excess of one allowable to that
12 individual taxpayer for the taxable year under Section 151 of
13 the Internal Revenue Code. The changes made by this
14 amendatory act of 1998 are exempt from the provisions of
15 Section 290.
16 (d) Additional exemptions for an individual taxpayer and
17 his or her spouse. In the case of an individual taxpayer and
18 his or her spouse, he or she shall each be allowed additional
19 exemptions as follows:
20 (1) Additional exemption for taxpayer or spouse 65
21 years of age or older.
22 (A) For taxpayer. An additional exemption of
23 $1,000 for the taxpayer if he or she has attained
24 the age of 65 before the end of the taxable year.
25 (B) For spouse when a joint return is not
26 filed. An additional exemption of $1,000 for the
27 spouse of the taxpayer if a joint return is not made
28 by the taxpayer and his spouse, and if the spouse
29 has attained the age of 65 before the end of such
30 taxable year, and, for the calendar year in which
31 the taxable year of the taxpayer begins, has no
32 gross income and is not the dependent of another
33 taxpayer.
34 (2) Additional exemption for blindness of taxpayer
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1 or spouse.
2 (A) For taxpayer. An additional exemption of
3 $1,000 for the taxpayer if he or she is blind at the
4 end of the taxable year.
5 (B) For spouse when a joint return is not
6 filed. An additional exemption of $1,000 for the
7 spouse of the taxpayer if a separate return is made
8 by the taxpayer, and if the spouse is blind and, for
9 the calendar year in which the taxable year of the
10 taxpayer begins, has no gross income and is not the
11 dependent of another taxpayer. For purposes of this
12 paragraph, the determination of whether the spouse
13 is blind shall be made as of the end of the taxable
14 year of the taxpayer; except that if the spouse dies
15 during such taxable year such determination shall be
16 made as of the time of such death.
17 (C) Blindness defined. For purposes of this
18 subsection, an individual is blind only if his or
19 her central visual acuity does not exceed 20/200 in
20 the better eye with correcting lenses, or if his or
21 her visual acuity is greater than 20/200 but is
22 accompanied by a limitation in the fields of vision
23 such that the widest diameter of the visual fields
24 subtends an angle no greater than 20 degrees.
25 (e) Cross reference. See Article 3 for the manner of
26 determining base income allocable to this State.
27 (Source: P.A. 86-146; 87-880; 87-1246.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.